Shakoane plaintiff 'had been sexually active'

IN THE DOCK: Alex Shakoane and his wife Mpho. Pic. McKeed Kotlolo. 11/10/2008. © Sowetan.
IN THE DOCK: Alex Shakoane and his wife Mpho. Pic. McKeed Kotlolo. 11/10/2008. © Sowetan.

McKeed Kotlolo

McKeed Kotlolo

The 15-year-old girl who is accusing former Mamelodi Sundowns official Alex "Gold Finger" Shakoane of indecent assault had been sexually active before, a court has heard.

The girl had also asked the investigating officer in the case to leave Shakoane alone since he "did nothing to me".

Shakoane's counsel, Kenneth Khumalo, described the girl as a liar, saying she even went to gamble with Shakoane, 52, at the Morula Sun Hotel Casino where only people over the age of 18 are allowed entry.

Shakoane is on trial for indecently assaulting the girl.

Presenting his arguments on Friday, Khumalo, who called for his client's acquittal in the Garankuwa magistrate's court, said that the state had no case.

He also questioned the credibility of the alleged victim, describing Shakoane's accuser as a liar who had lied to the doctor who examined her. She had told him that she last had consensual sex with her boyfriend in June 2007.

After examining her the doctor found that she had had sex a few days before the examination on October 8 2007.

"She even lied to her own father about what happened," Khumalo said.

He also said the girl had given three different statements to the police and never mentioned anything about rape in the first two statements.

"It is only at the end of the third statement, which was taken at her father's place in Witbank, that she said she would not rule out the possibility of sex having taken place," he said.

Before closing his case Khumalo questioned investigating officer Captain Amos Maleho about the three statements and the reason why Shakoane was not arrested on the day his attorney accompanied him to the police station. He said the victim and her father had by that time already made a statement to the police and a case had been opened.

Maleho, from the child protection unit, said he first wanted to do his own investigation.

About the various statements, two of which were not counter-signed by the victim's father (because she's a minor), Maleho said he had not believed the first statement and also the second, which he (Maleho) personally took down.

He said the victim, who was accompanied by her father, was crying and appeared confused.

"She told me in the presence of her father that we should leave Alex alone because he had done nothing to her and that she did not want to be forced to say things that did not take place."

The case was postponed to November 11 2008 because the prosecutor was not well.